Whatsup, brother...
From what I know so far, you can assign the option to purchase and the lease. You've got to make sure that there are no restrictions expressed in the lease-option contract that prohibits assignment. Also, when you do assign the lease-option, it is good to seperate the documents (the option and the lease) and keep them that way. On the flip side, it is good to have a combined lease-option contract between you and your optioner. Here are the reasons: legal positions.
Don't ask me for details because I don't know them, but I can tell you that combining the lease-option contract (filing it with the courthouse as well) solidifies your interest in the property as opposed to seperating the two which will weaken your legal position in court in the event that your optioner is crooked and has all types of liens and such on the deed that he did not disclose with you.
Now, YOU, as the optioner, may want to seperate your lease and option to purchase contracts because it will strengthen your position in court in the same way as described above. Buyers can get ugly too, especially when they forfeit their option due to to late payments which will make the evildoer attempt to waste your time in court.
Anyway, yes, make sure that there are no restrictions in the contract(s).
The Selling part:
Again, from what I know thus far, you can either assign your contract(s) and set up your own sublease-option deal or you will participate in a double-closing prior to the expiration of your option. Sooner or later (before your option expires) you will either need to buy the property outright and quickly resell or do the double-closing bid and never really own the property at any given time.
- Jugg